John: The project is /not/ funded in it's production stages. I'm paying for everything out of pocket so far. Everything.

I actually brought this up with one of the Prime Ministers I'm interviewing - he taught law in the U.S. at one point and, before I told him it was self-funded, expressed complete surprise that there was any interest in the United States in funding the project, because there's absolutely no interest here in changing the electoral systems here. Everyone here thinks we're the best damn democracy on earth and that there can be no better system, even though they haven't looked at any of the others.

So it's a bit complex - there's absolutely no way this movie would get funded in it's production stages - especially with an untested director. Yet, I don't think a "tested" director would handle the topic, nor do I believe that anyone would believe that a movie about electoral reform would be interesting enough to sit through.

So paradoxically, the fact that no one would possibly fund it and no one would possibly make it is one of the reasons that I feel so strongly that I have to do it. It may be Don Quixote (and my production manager, Pancho) tilting at windmills.

There's other reasons that I feel risking $10000 of my own money on this is a good idea even if it's an abject failure. First of all, I'm considering a major life change by moving to New Zealand permanently. This project will give me contacts and experience in the country so it will be easier to find journalism work. And hey - it's a tough market for reporters - how many of them have interviewed heads of government before they were 30?

But as I said, I can handle the production costs, and I can smush out a rough-cut that looks sloppy but serviceable. It's post-production that gets me - I'd like the thing to look better than an amateur production.

One of the big problems is that, if it wasn't for Makers coming along and providing me with the opportunity for a short-subject, I'd be having the same problem with Following Alexis West as I would for Makers - that is, you need funding to produce a documentary, you need a produced documentary in order to get funding.

Now, I think Makers is a good subject in it's own right and deserves a more professional treatment. But if I don't get it - and that's a possibility - I can still do the best I can with it, shop it around, and use THAT as my previously-produced material when applying for funding for Following Alexis West.

The title, "Following Alexis West" is a reference to Alexis de Tocqueville's "Democracy in America" and is a title less dry than "Democracy in New Zealand" and more serious than "Boyko: Cultural Learnings of New Zealand For Make Benefit Glorious Nation Of Bushistan."

definitely feel your pain, brian, about the whole catch-22 situation of not being able to get funding b/c you haven't finished a doc yet yourself. but as someone who is only perhaps half a step ahead of you in the process, i think it's best if you approach "Makers" mainly as a place to hone your skills and even make your mistakes, and not so much as a way to have a finished piece that you can then use to get funding for other films.

because if "Makers" is not a standout film, it may not get you much further down the funding line. it will allow you to apply for funds, but you won't get them b/c of the stiff competition. what will really help is to get yourself a producer or Exec Producer on board who will give you (and your future project) the legitimacy it deserves.

i'm not saying that you 100% can't get funding yourself; it's just that it is extremely unlikely, given your subject. so go find some films that you like with similar themes and see who produced those -- then contact them with some good footage and a one-page treatment. best of luck!

You are very welcome. One more thing that I thought might be useful to you, given your subject matter, even though the connection is not perfectly direct - I have recently seen this documentary called "The Century of Self." It spoke to me very powerfully about the turning wheels of evil in our time, and the documentary itself was fairly well-made. http://imdb.com/title/tt0432232/

Thanks for the recommendation! I have been reading about Adam Curtis but still haven't seen his films as I didn't know how to get them. I just realized that I can buy Century of Self now and I'm so excited. I really want to see The Power of Nightmares too. Thanks for thinking of me and please send any others I should see. I really appreciate the help.

I am beginning the research phase of my first doc and have a question. As my doc will be driven by period still pictures, I'm wondering what you would recommend for scanners in today's market? I need to buy one soon to begin laying down the 3000+ photos (all B&W) as well as newspaper articles and handwritten correspondences. So reliability, speed, and an easy but broad feature set would be most helpful. From my investigations, prices would seem to be all over the place. I expect a driect-to-video release and hopefully broadcast. Any help would be appreciated.

Actually many mid-range scanners will be more than adequate for what you need. The main thing is to be clear about things like resolution and how these images fit into your workflow, technically speaking. What format are you working with? What is your delivery format?

If you're working on Mac, you should check out Scan Guide Pro (available via the LAFCPUG store)

Not sure I understand the thrust of your "workflow" comment. That said, my intent is to scan images and edit them into my project using FCP Studio 2 including both my sound design and DVD authoring. I expect I will need Photoshop or Aperture to manipulate images? I intend shooting with either the P2 or the XL-H1 for interviews. Specific format TBD although I am leaning toward one of the HD formats. I am also still considering shooting GV's and the like with my NPR (I still prefer film where possible). As this is a one-man production, I expect to perform my own final mix (I'm a production recordist by trade) and simply author to DVD and self-distribute. I hope I have answered your questions? Again, any help you can offer is most appreciated.

Agreed. I have some research to do on that yet. I'm beginning project research in December and the aquisition of photos etc. No shooting for some time yet. Film telecined with proper parameters to match project settings should present no issues.

At what phase of my project will I need to hire an entertainment lawyer? I have an attorney now that has drafted an offering memo for a group of investors interested in my film. They are lawyers and I'm sure they will be asking some legal questions. Will I need an entertainment lawyer throughout the project?

I've got a question concerning a contract between director and production company, more specifically the part which deals with the audiovisual exploitation rights.
What is an acceptable percentage for the director/screenwriter to receive of the gross income for a) cinema release b) dvd release c) tv sceenings, etc... I know this all comes down to what producer and director agree upon, but just wanted to know if there is an average percentage that is usually agreed upon.
As a beginning producer and documentary maker this is all new to me, so just looking for some feedback or online resources that can guide me through the business process of documentary production :)

Stephen, unless you're Spielberg and talking about a big Hollywood movie, directors don't get any percentage of gross income. If they're lucky, they get a percentage of net income. Which, after all the bills are paid off (a BIG if), is known as profit. And how much is pretty much done by negotiation on a case by case basis.

Thanks Doug for your answer.
it makes sense that giving a percentage of the gross income is not really done, since the production budgets of most documentaries already include distribution advances, tv presales etc., money that is directly in the actual making of the movie, not raising the director's salary. Correct?
I'd been receiving some standard contracts between director and production company and they all included paragraphs where you should fill in the blank percentages for these exploitation rights.
anyways, thanks a lot for your help

One more question about exploitation rights:
what is the average length in years that the author/director should concede the exploitation rights of the movie to the producer? 5 years? 10 years?
Can this duration affect future distribution deals or do they not affect each other at all?

Stephen, I won't answer concretely because I don't have the answeres, but can suggest given your interest, you might want to continue by googling independent producers' "terms of trade" and "video on demand rights" for various countries, and also explore through any independent filmmaker unions, where you are involved (Is there one in Belgium? If not, if you can handle German look at AGDOK's website, and the UK's PACT ). Electronic media rights are a hotly contested issue. "Should" concede is different from "do". Your questions are clear but the answer can be very complex and depend on territory, it seems to me. I have no knowledge about the US, please note.

"Terms of trade" are just the rules of the game, as agreed by participants,where the percentages and timeframes are spelled out across a sector of the industry. In the UK for example, terms of trade were recently agreed between PACT (indy producers/directors) and various public broadcasters. If you are in Belgium and working locally, my guess is you really do need to talk directly with your more experienced colleagues working in the same market.

Maybe see if you can access the European Documentary Network's magazine, DOX from this fall. I wrote a piece about VoD rights for them and you will appreciate the companion pieces in the same issue that were extracted from other sources – especially a compact version of the PACT agreements (really useful if you are new to the topic). Try EDN on-line. Good luck!

In weighing my options regarding format, I am strongly considering SD and the use of the AG-DVX100B camera. This consideration is clearly money-driven. I would appreciate feedback regarding the current viability of SD, given the present wave of multiple HD formats and the market. Am I severly limiting my market potential by shooting SD? I don't expect theatrical release. Thanks in advance for your input.

Tom Beach

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